Liability of executive officer—particular offences committed by corporation
140 Liability of executive officer—particular offences committed by corporation
An executive officer of a corporation commits an offence if—
the corporation commits an offence against an executive liability provision; and
the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.
Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.
In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to—
whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and
whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and
any other relevant matter.
The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.
This section does not affect either—
the liability of the corporation for the offence against the executive liability provision; or
the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.
In this section—
executive liability provision means any of the following provisions—
• section 112(1)
• section 119(1)
• section 122(1)
• section 123(1)
• the Duties Act 2001, section 471G(1)
• the Duties Act 2001, section 471H(1)
• the Duties Act 2001, section 480(1)
• the Duties Act 2001, section 480(2)
• the Duties Act 2001, section 480A(1)
• the Duties Act 2001, section 480A(2)
• the Duties Act 2001, section 481
• the Duties Act 2001, section 481A(2)
• the Payroll Tax Act 1971, section 93.
This Act’s bill:Explanatory memorandum
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